Many students don’t understand their rights, or lack thereof, at school. Why are certain rights withheld? What are their rights? What should you do if you are being accused of something illegal or against school policy? Different schools have different policies for different situations, but here are the basics.
First, it is important to understand why students have fewer rights at school. While you are at a public school, it is acting in loco parentis, a fancy Latin phrase meaning “in the place of a parent.” It is used to justify schools disciplining a student as their parents would. And it’s not a liberal, easy-going parent; rather, think of it as an uptight ‘50s parent.The responsibilities of the educator over students include enforcing a dress code, prohibiting violence and weapons, banning compromising and hateful speech, censoring student newspapers (possibly including this article) and searching student’s bags.
Students rights in public school have been passionately debated for decades, including several Supreme Court cases. Basically, the First and Fourth amendments do not fully apply to students at a public school. The First Amendment protects the freedom of speech, assembly, press, religion and assembly. In Tinker v Des Moines, the Supreme Court ruled that the First Amendment applies to public schools and declared that students don’t “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” However, at school, speech is not protected if it is obscene, offensive, disruptive, or “inconsistent with its basic educational mission.” If those terms seem vague, it’s because they are. In Board v Barnette, the Supreme Court ruled that students could not be forced to recite the Pledge of Allegiance against their will. In Morse v Frederick, better known as the “Bong Hits For Jesus” case, it was decided that student speech was not protected if it incited illegal activity such as drug use.
The Fourth amendment protects people and their possessions from “unreasonable searches and seizures.” In the real world, a police officer must have “probable cause” that a crime has been committed and that the search will lead to evidence of the crime in order to search a person’s bag, car, home, etc. Public school officials have a much more lenient standard. When it comes to searching student’s property, the right of the school to maintain order and safety outweighs the student’s right to privacy. They can search a student’s locker, bag or car if they have “reasonable suspicion” that a law or school rule has been broken. They can do so without informing the student or their parents, or getting their permission. If a teacher or administrator is searching your possessions, you can say that you do not consent to the search, but in many cases they will still search you. All they need is “reasonable suspicion”. Lockers are considered school property, they can be randomly searched even without “reasonable suspicion”. Your school cannot strip search you because students have an “expectation of privacy” and that is considered too intrusive. They can only make you take a random drug test if you are involved in extracurricular activities. Schools can use drug sniffing dogs, even on unattended belongings like a backpack. They can also use metal detectors and breathalyzers as part of the search. And as for that Miranda warning that you’ve heard about a thousand times on cop shows, don’t expect it from a teacher, if a student is being questioned by a school officer, teacher, or administrator, what they say can and will be used against them in a disciplinary hearing, whether they were warned or not. Also, schools can turn over evidence to law enforcement, even if it was obtained without a search warrant.
The only rules about questioning or searching a student or their property at school is that it must be justified when it begins, and reasonable in how it is done. Again, this is extremely vague. If someone tells a dean or teacher that they think you have drugs in your bag, the search is deemed justified. If a teacher decides you smell like drugs or alcohol, they can search you. They have to take into account the student’s age, gender and the crime or rule infraction that is being investigated. Being searched in school can include emptying your pockets, going through your purse or backpack, pat downs, and searching your car if it is on school property. Also these rules apply if you are off campus, if it is at a school event.
If police become involved in questioning or searching a student, the standard becomes higher. The police would have to have probable cause or obtain a search warrant. The police have to read the student their Miranda rights and follow all other standards of a criminal investigation. School officials can allow police to search lockers or desks because those are school property, even if only one student uses them.
All in all, you’re better off if you don’t commit crimes in school. And leave any evidence of crime-committing at home for that matter. Fair or not, teachers and administrators can search you with very little proof that you’ve done something wrong. You do still have many rights though, such as the freedom of speech and expression. No matter what situation it’s important to know your constitutional rights and stand up for yourself. But, don’t be stupid and don’t expect to be let off easy. Check out your school’s handbook or your state’s specific laws for more information.
